Obtaining political asylum and refugee status in Australia

Settlers from Europe began to arrive in Australia as early as the XVII-XVIII centuries, and later immigrants from other parts of the world began to come here – Asia, Africa, South and North America. The Australian government in the twentieth century developed special legislation aimed at protecting migrants.

It was and continues to be quite expensive to get here due to the geographical location of the country. But massive flows of refugees from Syria, Libya, and Africa reach not only European countries, but also Australia.

Content of the material

• How are refugees in Australia in 2024
• Statistics on refugees
• Types of visas for refugees
• Australian Refugee Visa Applicants
• Consideration
• Possible reasons for refusal

How are refugees in Australia in 2024

At first, the state accepted everyone who asked for asylum. In this way, Australia has fulfilled the commitments it has undertaken as an active participant in international organizations dealing with refugees and their problems.

Every day there are more and more immigrants. Refugees in Australia are therefore beginning to face difficulties in obtaining protection from the Government.

The migration crisis has caused a revision of the country’s policy towards migrants. Now the priority is given to highly qualified specialists, initiative and educated foreigners who are able to develop the Australian economy. For such migrants, conditions are created that simplify the move, and then the status of a permanent resident of the Green Continent is granted.

At the same time, residents of Syria, Iraq, Iran, Afghanistan, Libya, and the states of Southeast Asia should not comfort themselves with the fact that a residence visa will be issued quickly and without obstacles. For those seeking asylum in Australia, they must await the decision of the immigration authorities in their home country. Sometimes it takes about 3 years.

Statistics on refugees

Australia does not accept many migrants compared to other countries. So, every year the number of requests for political asylum in Australia does not exceed five thousand. In European countries, the number of applications for refugee status in 2023-2024 is much higher:

• Germany – 79 thousand.
• Italy – 120 thousand.
• Spain — 5.9 thousand.

This is due to the fact that Australia is located much further from migration routes coming from Africa and the Middle East. Europe is much closer, so migrants go there.

There is one nuance that foreigners must take into account when applying for refugee status. The presence of any visa to Australia will prevent you from obtaining emigrant status.

Most of the applications come from foreigners who want to become refugees in Australia under the Australian humanitarian program.

Data for 2023-2024 on the number of visas issued

At the same time, the number of applications received amounted to 50,444, which was 17.5% more than in the previous period.

Applicants were people from the following regions and countries of the world:

• North Africa and the Middle East, just over 48%.
• Southeast, South and Central Asia — about 34%.
• Sub-Saharan Africa accounts for almost 18%.

Most of the refugees came from Egypt, Iran, Turkey, Syria and Lebanon.

Main groups of migrants and countries from which they migrated in 2023-2024

Minorities from Iraq Afghans Refugees from Myanmar Bhutanese Refugees from Congo
Syria Iran Thailand Nepal Congo
Pakistan Myanmar Ethiopia
Indonesia Malaysia African countries
India
A similar picture in terms of the ethnic composition of refugees was observed in subsequent years. Now the number of Syrians, Turks, Iranians, and immigrants from Africa has increased. The migration crisis in the world is deepening, so the number of refugees who seek political asylum in Australia is growing.

These types of visas are issued either at the time of arrival of foreigners to the shores of the country, or by sending a request by mail to the Australian Migration Service.

There are other statistics that relate to the issuance of permits to refugees who arrived in the country by plane.

Growth dynamics of 866 visa applicants

Period Quantity
2010–2011 3485
2011–2012 3062
2012–2013 3191
2013–2014 3723
2014–2015 3987
2015–2016 5072
2016–2017

5981
2017–2018 6335
2023-2024 7063

The Australian government is reducing the number of positive decisions on the 202nd visa every year, but has significantly increased the issuance of the 200th.

Afghanistan 71 110 97 140 132
Papua New Guinea 24 43 77 63 119
Syria 17 19 31 128 119
Turkey 49 76 118 77 119
South Korea 154 89 94 72 85
Jordan 30 30 27 46 83
Other 1139 1196 1150 1175 1180

From which countries refugees come to Australia

Total number of applicants who received a visa on arrival

Period Number
2008–2009 5072
2009–2010 5981
2010–2011 6335
2011–2012 7063
2012–2013 8308

Number of refugees granted status in Australia

Applicants who come to Australia and request an 866 visa do not always receive positive responses. Only 33% of those who want to get it on the first try, most of whom are students.

Rejected applicants have the right to appeal to the Special Refugee Tribunal. While the alien’s case is in the instance, the period of legal stay in Australia is extended.

According to official data from the Department of Immigration, 25% of those who are denied get a chance to reapply for an 866 visa.

Types of visas for refugees

In Australia, there are several categories of visa permits that are issued to refugees under a special humanitarian program.

This is what an Australian refugee visa looks like

These types of visas for migrants in 2024 include:

200 for refugees.
201 — special humanitarian status.
202 is a special humanitarian program that requires a sponsor from Australia.
203 – urgent visa.
204 – women are safe.
866 is the status desired by a foreigner who has arrived in the country legally and is applying for asylum already at the migration department on the spot.
In order to obtain refugee status in Australia for various reasons, it is necessary to have a clear understanding of one or another type of refugee visa.

200 (Refugee) should only be issued by the Australian government when the UN is satisfied that there are serious reasons. This category of visa is adopted in accordance with the recommendations of the UN High Commissioner for Refugees: if there is a humanitarian catastrophe or an armed conflict in a particular country.
201 is intended for those foreigners who are being prosecuted in their home country and are not allowed by the authorities to leave it.
202 (Special Humanitarian Program, SHP) is needed for those who are persecuted for racial, religious, ethnic and national reasons. Or to persons in respect of whom human rights are violated. Applicants for it must live in their home country, have an invitation from an Australian or from an organization that operates in Australia. Applicants are required to leave their home country and apply for entry into Australia from a third country in order to submit their request.
203 – for those who prove that their lives and safe existence are threatened.
204 was specifically designed for women who are harassed, abused, unlawfully detained or dismissed in their home country because of their gender.
866 – will be issued to those who personally got to Australia by plane and have a tourist visa (more information about the documents required to obtain a visa to Australia can be found by clicking on this link). Foreigners are required to have evidence that they are persecuted because of belonging to a particular social, political, religious group.

Statistics on obtaining refugee status

Australian Refugee Visa Applicants
Migrants who have managed to obtain political asylum will be able to apply for citizenship in Australia after four years.

The refugee application procedure is divided into many small stages. They are interconnected and none of them can be missed. Before studying the specifics of obtaining citizenship on the basis of refugee status, it is necessary to find out who has the right to apply for relocation to this country on the basis of refugee visas.

The main groups of people who can submit visa requests include:

• Refugees who are recognized as such under UN law.
• People who have been victims of gross violations of human rights.
• Persons who are persecuted or discriminated against.
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At the Department of Immigration, officers will consider the following factors when reviewing the application:

• The scale of the persecution.
• Amount of discrimination.
• The presence of other states in the vicinity of the applicant’s country of origin that can provide protection.
• The degree of ties with Australia.
• The ability of the state to grant refugee status at a particular time.

Applicants can leave their homeland in several ways:

• Move from your home country to another by crossing a land border.
• Apply to the consulate of another country for asylum.
• Ask for asylum by coming to another country for negotiations and for the purpose of tourism.
• It is possible to obtain 100% refugee status only if the reasons for the application comply with the Refugee Convention, which is signed by the government of the country. In the application or during the interview, you cannot use the words “racketeering”, “mafia”, “bandits”. They prefer not to get involved with such people and the problems that they can bring.

Foreigners must have the following basic documents with them when entering Australia:

Medical records that the person filmed the beatings or underwent treatment after the beating.

A medical statement stating that the person filmed the beatings

Copies of applications to the police, court or prosecutor’s office.
A copy of the letter of resignation from work.
Media materials, if the incident was covered by the media.
Consideration

How to get political asylum in Australia – step-by-step steps:

• Preparation of the application and submission of the document to the Department of Immigration.
• Foreigners receive a permit (Bridging Visa). Will be valid while the main documents are being considered. Such paper allows you to work legally, use medical institutions, enroll children in kindergartens and schools.

The terms of consideration are divided into two stages:

Manus Island Refugee Camp

From two to three months, the staff of the Department decides on refugee status. Foreigners are mostly refused.
The person takes the case to the Refugee Tribunal. Here, judges can study each case from 1.5 to two years. If the decision is positive, then a foreigner can apply for Australian citizenship after two years.

Possible reasons for refusal

Employees of the Migration Department have the right to refuse to grant refugee status to a person due to insufficient evidence or justification. In particular, the country of residence is not dangerous, there are no gross violations of human rights. And also a refusal follows if the immigrant indicated persecution for criminal or economic reasons as the main reason.

Other reasons for refusal include:

Quotas for accepting refugees were exceeded, and then the migrant will be sent to a third country.
The person has committed war, criminal offences or violated international humanitarian law.
In the applicant’s home country, there are no circumstances that threaten his life and health.